Majority
p. 1264The People of the State of New York, Respondent, v Richard Jones, Appellant. [991 NYS2d 898]
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Toomey, J.), imposed on March 13, 2013, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 , 265 [2011]; People v Lopez, 6 NY3d 248 , 256-257 [2006]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
Eng, PJ., Mastro, Hall, Miller and LaSalle, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 265 p. 1264
- People v. Lopez 6 NY3d 248 at 256-257 p. 1264
- People v. Suitte 90 AD2d 80 p. 1264